News & Analysis as of September 7, 2025

First Amendment › Revenge Porn

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

2025 Take It Down Act Seeks To Rein in Both Real and Computer-Generated Intimate Images

Davis Wright Tremaine LLP on 7/3/2025

On May 19, 2025, President Trump signed the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act" (the "Take It Down Act"), making a significant change to the regulatory...more

The Bipartisan TAKE IT DOWN Act Is Now Federal Law

Morrison & Foerster LLP - Social Media on 5/23/2025

President Donald Trump has signed the TAKE IT DOWN Act, a new federal law aimed at curbing the spread of non-consensual AI-generated pornography. The law makes it a criminal offense to create or share explicit deepfake images...more

First of Its Kind Federal Legislation Addressing AI-Generated Deepfakes Signed Into Law

Hinckley Allen on 5/21/2025

On May 19, 2025, President Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes Act, also known by the backronym the TAKE IT DOWN Act (the “Act”), to combat deepfake revenge...more

The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers

Proskauer - New Media & Technology on 6/22/2020

Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more

Virginia Takes First Step to Address “Deep Fake” Images and Video

Williams Mullen on 7/9/2019

A law just went into effect in Virginia that makes it illegal to distribute falsely created pornographic videos and images of a person. Section 18.2-386 of the Virginia Code was designed to prevent the distribution of sexual...more

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Morrison & Foerster LLP - Social Media on 4/17/2018

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Morrison & Foerster LLP - Social Media on 8/28/2015

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

Status Updates: CA’s anti-revenge-porn law scrapped; civil rights claim against blogging prosecutor dismissed; Match buys...

Morrison & Foerster LLP - Social Media on 7/22/2015

There oughta be a law? As we’ve reported previously, states all around the country have enacted laws that criminalize the posting of revenge porn—nude photographs published without the subject’s consent, often by an ex-lover...more

When Online Behavior Crosses The Line – The Law On Threats, Libel And Just Being Rude

Gray Reed on 4/9/2014

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

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First Amendment › Revenge Porn

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